Case law
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Division and case type: CivilCase number Civil Application
…In the memorandum of appeal he lists at least nine grounds upon which he intends to take up in the appeal. A casuary glance at the grounds raised I am satisfied that the appeal is not frivolous.…
…Consequently, I hereby grant the applicant leave to file his Memorandum of appeal within 14 days from the date of this order. Dated and delivered at Kisumu on this 19th day of March, 1999. E.…
Division and case type: Constitutional and Human RightsPetition
…In the memorandum of appeal he lists at least nine grounds upon which he intends to take up in the appeal. A casuary glance at the grounds raised I am satisfied that the appeal is not frivolous.…
…Consequently, I hereby grant the applicant leave to file his Memorandum of appeal within 14 days from the date of this order. Dated and delivered at Kisumu on this 19th day of March, 1999. E.…
Division and case type: CriminalCriminal Appeal
…This point, however has not been taken in the appellant’s memorandum of appeal, neither, in our view, could it be, as it did not form part of the prosecution case but was volunteered from the dock by the appellant.…
…Mr Azangalala also alleged in his memorandum of appeal that the magistrate had misdirected himself as regards the burden of proof and had failed specifically to state that he found the charge proved against the appellant…
Division and case type: CriminalCriminal Appeal
…The appellant’s first memorandum of appeal contained eleven grounds.…
…On his second appeal to this Court, the appellant exhibited a curious reticence in lodging his memorandum of appeal, and over a year’s delay in the hearing was caused by an alleged hiatus between himself and his advocates…
Division and case type: CriminalCriminal Appeal
…The appellant’s first memorandum of appeal contained eleven grounds.…
…On his second appeal to this Court, the appellant exhibited a curious reticence in lodging his memorandum of appeal, and over a year’s delay in the hearing was caused by an alleged hiatus between himself and his advocates…
Division and case type: CriminalCriminal Appeal
…Gatonye filed a petition (he called it a memorandum!)…
…of appeal with five grounds: that the plea was not unequivocal because the facts reproduced did not disclose an offence that the date of the offence in the charge sheet differed with that in the P3 form.…
Division and case type: CivilCivil Appeal
…In his memorandum of appeal, the appellant invites us to reverse the judgment and award him damages on the various heads claimed in the plaint. We are satisfied those claims were based on a mistaken view of the law.…
Division and case type: CriminalCriminal Appeal
…The appellant's advocate stated Olaga went for the appellant with the mattock first and the appellant repeats this in his memorandum of appeal. Otherwise the facts were agreed.…
Division and case type: CriminalCriminal Appeal
…He has listed 4 grounds in his Memorandum of Appeal namely:- 1. That the trial Magistrate erred in both law and fact by convicting him on a single evidence without any corroboration. 2.…
Division and case type: CivilCivil Suit
…This is the decision the appellant was aggrieved with and which prompted him to lodge this appeal to this Court through his home made memorandum of appeal on 8th April, 2008. It had 5 grounds of appeal, namely:- “1.…
…Kwengu, learned counsel for the appellant submitted before us on the basis of the memorandum of appeal drawn by the appellant that the evidence adduced against the appellant was not scrutinized and the motive of murder was…
Division and case type: CivilCivil Appeal
…The appellant appealed against the award of damages based on the memorandum of appeal dated 7th August 2018 on two grounds.…
Division and case type: CriminalCriminal Appeal
…The advocate further stated that a memorandum of appeal had been filed and that a hearing date was due to be fixed by the High Court registry.…
Division and case type: CivilCivil Appeal
…the High Court at Mombasa, Bhandari J) RULING The applicant Securicor (K) Limited, gave notice on October 21 1986 that it would move the court for an order that leave be granted to the applicant, to amend the applicant’s memorandum…
…of appeal, which had been filed in Civil Appeal No 67 of 1985.…
Division and case type: CivilCivil Appeal
…That power should be sparingly used, and only in the clearest cases, such as an appeal based entirely on points of fact, raising no questions of law, and not where, as in this case, the memorandum of appeal raised substantial…
Division and case type: Environment and LandCivil Appeal
…The appeal herein was lodged on 5th July 2023 vide Memorandum of Appeal dated 4th July 2023. 5. The lower court le was called for and it was availed to this court on 20th December 2023.…
Division and case type: CivilCivil Appeal
…To be precise the memorandum of appeal couches the grounds of appeal as follows - “(1) The learned judge erred in law in holding that proper date for conversion of damages in Italian Lira into Kenya Shillings was on 25th…
Division and case type: CivilCivil Suit
…I therefore now turn to the criticisms made in the Memorandum of Appeal that he so misdirected himself in material respects that the decision ought not to stand.…
…The first ground in his Memorandum of Appeal was that there was a misdirection when the judge held that all three boys, the plaintiff, Koroso, who was his brother and Charles Mageto, were children of tender years and that…
Division and case type: CriminalCriminal Appeal
…The case was argued by Mr Khakula on behalf of the appellant, following his second Memorandum of Appeal, on the basis that neither the trial magistrate nor the learned first appellate judge gave any or adequate consideration…
Division and case type: CriminalCriminal Appeal
…In his memorandum of appeal, the appellant has challenged the decisions of the lower courts on the following among other grounds, that is to say: 1.…
Division and case type: CriminalCriminal Appeal
…The foregoing matters formed grounds 2 and 10(a) and (b) of the amended memorandum of appeal but they represented the bulk of Mr Prinja's argument.…